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HomeMy Public PortalAboutCharter Ord 10 Public Building Commission Gilmore & Bell, P.C. 08/13/2002 (Published in the Ark Valley News, on ~M'y ,(9,2002 and on~ l.s ,2002). CHARTER ORDINANCE NO. /0 A CHARTER ORDINANCE OF THE CITY OF BEL AIRE, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-1758, K.S.A. 12-1760 AND K.S.A. 12-1767 RELATING TO PUBLIC BUILDING COMMISSIONS AND THE ISSUANCE OF REVENUE BONDS THEREBY AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO. WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the "Act") provides that cities may exercise certain home rule powers, including passing charter ordinances which exempt such cities from the acts of the Kansas Legislature; and WHEREAS, the City of Bel Aire, Kansas (the "City") is a city, as defmed in the Act, duly created and organized, under the laws of the State of Kansas; and WHEREAS, K.S.A. 12-1758, K.S.A. 12-1760 and K.S.A. 12-1767 are a part of an enactment of the Kansas Legislature (K.S.A. 12-1757 et seq.) relating to public building commissions and the issuance thereby of revenue bonds, which enactment is applicable to the City, but is not uniformly applicable to all cities within the State of Kansas; and WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 12-1758, K.S.A. 12-1760 and K.S.A. 12-1767, and to provide substitute and additional provisions therefor in order to provide (a) additional and alternative methods for financing certain public buildings in the City and (b) an exemption from a protest period relating to the authorization of certain revenue bonds. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS AS FOLLOWS: Section 1. Exemotion-K.S.A. 12-1758. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it, the provisions of K.S.A. 12-1758 and does hereby provide the following substitute and additional provisions in place thereof: (a) The City, by appropriate ordinance, may create a public building commission for the purposes of acquiring a site or sites for and constructing, reconstructing, equipping and furnishing, or purchasing or otherwise acquiring, a building or buildings or other facilities of a revenue producing character. Such building or buildings or facilities shall be maintained and operated for (i) City offices or such other purposes as are commonly carried on in connection with such facilities and general City buildings, (ii) public, municipal, community or recreational purposes of the City (iii) educational, recreational or KMC\40181Q,04\CHARTER ORD administrative purposes for school districts, (iv) county courthouses, the housing and accommodation of county offices or county businesses or such other purposes as are commonly carried on in collection with such facilities and general county buildings and (v) for housing, accommodations and parking facilities for offices of state and federal agencIes. (b) A public building commission created by the City may acquire land and facilities adjacent to or near any educational institution under the supervision and control of the state board of regents or may acquire by lease, land and facilities constituting a part of the campus of any such institution. Any public building commission may construct, reconstruct, equip and furnish such facilities on such land and lease such land and facilities to the official governing body of such institution. Any such lease entered into shall pledge the net revenue from such land and facilities. The City also may pledge such funds as may be necessary from those which are provided to be paid over to the board of trustees from the annual tax levy as provided by K S.A. 76-3a07, and amendments thereto. Any county may also pledge such funds as may be necessary from those which are provided to be paid over to such institution from a special levy authorized for such purpose under KS.A. 19-117, and amendments thereto. The governing body of the City is hereby authorized to designate any surplus from such tax levy as may be necessary to guarantee the rentals under any such lease, and the City is hereby exempted from the provisions of KS.A. 10-1101 to 10-1122, inclusive, and 79-2925, and amendments thereto, to the extent necessary to enable the City to make a covenant to effect such guarantee. Section 2. F,xp.mption-K S A 12-1760, The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K S. A. 12- I 760 and does hereby provide substitute and additional provisions in place thereof as follows: A public building commission authorized under this Charter Ordinance and KS.A. 12-1757 et seq. shall have the power to do all things necessary or incidental to the purpose of constructing or acquiring or enlarging, furnishing and operating and maintaining buildings or facilities to be made available for use by governmental agencies and non-profit corporations organized under the laws of this state. Section 3. F,xp.mption-K S A 12-1767. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K S.A. 12- I 767 and does hereby provide substitute and additional provisions in place thereof as follows: (a) Any revenue bonds proposed to be issued by a public building commISSIOn created by the City shall be issued as provided in KS.A. 10-1201 et seq. and amendments thereto, except to the extent that such statutes are in conflict with this Charter Ordinance or K.S.A. 12-1757 et seq. Before any revenue bonds are authorized or issued under the provisions of this Charter Ordinance and KS.A. 12-1757 et seq" the public building commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof. KMC\40181O.04\CHARTER ORD ? (b) Such resolution shall be published once a week for two consecutive weeks in the official City newspaper or in a newspaper having general circulation in the county if the lease is with a county or school district. The resolution may provide, and shall provide, if the lease is with a county or school district, that if within 30 days after the last date of publication of the resolution a petition in opposition to the resolution, signed by not less than 5% of the electors of the City or by not less than 5% of the electors of the county or school district if the lease is with such entity, is filed with the county election officer, the board of county commissioners shall submit the question to the voters at an election called for that purpose or at the next general election. (c) No construction contract shall be let or approved by a public building commission until after publication of the resolution as provided in subsection (b) hereof. Section 4. Severl1 hility Any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidity shall not affect any other provision of this Charter Ordinance. In such instance, this Charter Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein. Section 5. Rffedive nllte This Charter Ordinance shall be published once a week for two consecutive weeks in the official City newspaper, and shall take effect sixty (60) days after fmal publication, unless a petition signed by a number of electors of the City equal to not less than ten percent (l 0%) of the number of electors who voted at the last preceding regular City election shall be filed in the office of the City Clerk, demanding that this Charter Ordinance be submitted to a vote of the electors, in which event this Charter Ordinance shall take effect when approved by a majority of the electors voting at an election held for such a purpose. PASSED by the Governing Body of the City of Bel Aire, Kansas this 20th day of August, 2002 and APPROVED and SIGNED by the Mayor. CITY OF BEL AIRE, KANSAS (SEAL) ATTEST: ~ -< ~??iT Ci Clerk KMC\40 18 10. 04\CHARTER ORD .., 1 -"~-------'._-'--'~-""~---------<~-'~-'-'-----"--~---- GILMORE & BELL, P.C. 08/1 3/2002 CERTIFICATE OF NO PROTEST STATE OF KANSAS ) ) ss: COUNTY OF SEDGWICK ) The undersigned, Clerk of the City of Bel Aire, Kansas (the "City"), does hereby certify that the governing body of the City duly adopted Charter Ordinance No. /0 , on August 20, 2002, that said Charter Ordinance was duly published once a week for two consecutive weeks in the official City newspaper; that more than sixty (60) days has elapsed from the date of the last publication; and that there has been no sufficient written protest filed in my office against the Charter Ordinance, as provided in Article 12, Section 5, of the Kansas Constitution. WITNESS my hand and official seal on November ~ 2002. (Seal) ~/~~ Clerk KMC\40181O.04\CHARTER ORD 4